Indian Polity

Article 93 Speaker and Deputy Speaker of the Lok Sabha

The members of lok sabha have to chose two members as the Speaker and Deputy Speaker of the whenever the office becomes vacant

Article 109 Special Procedure with respect to Money Bills

1. A Money Bill shall not be introduced in Council of states 2. After the money bill has been passed by the House of people it shall be transmitted to the council of states for its recommendations and the house o people may or may not accept the recommendations 3. If the money bill is not returned back within 14 days then it shall be deemed to have been passed by both the houses.

Article 117 Special provisions to financial bills

1. A bill or amendment making provision for any matters specified in subclause a to f of article 110 shall not be introduced or moved except on the recommendations of the president. 2. A bill which if enacted brought into operation would involve expenditure from the consolidated fund of India. 3. A bill shall not be deemed to make provision if it accounts for the fine imposition of fines or other pecuniary penalties.

Article 107 provisions related to introduciton and passing of bills

1. A bill subject to provision of 109 and 117, may originate in either houses of parliament 2. A Bill shall be passed only if has been agreed by both the houses 3. A Bill Pending in the parliament shall not lapse by reason of the prorogation of the houses. 4. A Bill pending in the Council of states which has not been passed House of people shall not lapse on dissolution of House of People 5. A Bill pending in house of people which have been passed by house of people shall be subjected to provision of article 108, lapse on the dissolution of house of people.

Article 146 Officers and servants and the expenses of the supreme court

1. Appointment of officers and servants of the supreme court shall be made by the chief justoce of India or any such other judge 2. Administrative expenses of the supreme court, including all salaries allowances and pensions payable to or in respect of officers and servants of the court shall be charged upon the consolidated fund of India.

Article 124 Establishment and constitution of Supreme Court

1. Supreme court of India shall consist of 7 judges which at present date consist of 30 judges 2. Every judge of India shall be appointed by the President and shall hold the office until he attains the age of 65 3. A supreme court judge shall not be removed from his office execpt by an order of the president passed after an address by each house of parliament supported by a majority of the total membership of that house and by a majority of not less than two thirds of the members of the house present and voting

Article 118 Rules of Procedure

1. Each parliament may make rules for regulating the conduct of business 2. President after consultation with the chairman of the council of states and the speaker may mak rules as to the procedure with respect to joint sittings of the two houses.

Article 113 Procedure in parliament with respect to procedure

1. Expenditure charged to the Consolidated fund of India shall not be permitted to vote in parliament. 2. No demand for grant shall be made except on the recommendation of the president. 3. Much of the estimates shall be submitted in the form of grants and demands to the house of people.

Article 105 Powers, privileges of the Houses of Parliament and its members and committees

1. Freedom of speech in the parliament 2. No member of parliament shall be liable to any proceedings in any court in respect of anything said or in respect of any publication of any report of either houses. 3. The power, priviliges and immunities of each house of Parliament shall be such as may be defined from time to time by parliament.

Article 102 Disqualification for membership

1. If he is an undischarged insolvent 2. If he is of unsound mind and stands so declared by competent court. 3. If he is not a citizen of india and has taken voluntarily citizenship of a foreign state. 4. If he holds any office of profit under governent of India. 5. If he is disqualified by law made by the parliament

Article 108 Joint sitting of both the houses

1. If passed by one house and rejected by other house 2. The Houses have disagreed to the amendments to be made to the bill 3. More than six months have elapsed from the date of reception of the bill by other house. 4. In reckoning any such period of 6 months in clause, no account shall be taken when the house is adjourned for more than 4 days. 5. A joint sitting may be held under this article and a bill passed thereat, notwithstanding that a dissolution of the house of people has intervened since the president notified his intention to summon the houses.

Article 103 Decision for disqualification of member

1. If question arises for disqualification of member of parliament, the decision shall be referred to president. 2. The president before giving any decision shall obtain the opinion of Election Commission.

Article 115 Supplementary, additional or excess grants

1. If the amount authorised by law found to be insufficient for the purposes for the year when the need has arisen in the current financial year. 2. If any money has been spent on any service during a financial year in excess of amount granted for that service,as the case may be.

Article 94 Vacation and resignation from the office of speaker and deputy speaker

1. If the member ceases to be a member of the Lok Sabha 2. May be removed from his office by a resolution of the House of the peope passed by a majority of all the then members of the House 3. Resign from the office by speaker writing to the deputy speaker of vice versa.

Criteria for appointment as a judge of supreme court

1. Must be citizen of India 2. He has been for at least five years a judge of high court or for two or more such courts in succession. 3. Has been for at least 10 years an advocate of a high court or of two or more such courts in succession 4. Is in the opinion of President a distinct jurist.

Article 90 Vacation and resignation, removal from the office of deputy chairman

1. Passing of a resolution by majority in Rajya Sabha 2. Resignation given in writting addressed to the charman.

Article 85 Sessions of parliament, prorogation and dissolution

1. President summons parliament from time to time when he thinks appropriate but 6 months shall not intervene between the two session.

Article 125 Salaries, etc of judges

1. Salaries to judges shall be determined by the parliament by law until provision on that behalf is so made.

Article 105 33rd amendment act 1974, freedom of speecha and power and privileges

1. Speaker or chairman can enquire about the resignation of the member 2. The termination of the membership has been made dependent upon the acceptance of such resignation by the speaker. 3. A house of parliament cannot try any one like the court of justice but it can proceed quasi judicially in case of contempts of its authority and take up motions concerning its privileges and immunities.

Article 136 Special leave to appeal by the supreme court

1. Supreme court may in its discretion grant special leave to appeal from any judgement, decree, determination, sentence passed by any court or tribunal. 2. Nothing shall apply to any judgement, determination, sentence or order passed or made by any court or tribunal relating to Armed Forces.

Article 110 Definition of Money Bill

1. The imposition, Abolition, Remission, alteration or regulation of any tax. 2. The regulation of borrowing any money or giving any guarantee by government of India, or amendement of any law with respect to any financial obligations. 3. The Custody of the Consolidated Fund of India, Contingency Fund of India, the payment of moneys oe withdrawl from any sch fund 4. Declaring any exoenditure to charged from the Consolidated fund of India 5. The receipt of money on account of consolidated Fund of Indiaor public account of India. 6. If any question on money bill arises, the deicsion of the speaker of the house shall be final. 7. Abill shall not be a money bill by reason that it provides for the imposition of fines or penalties or for the payment of fees.

Article 151 Audit Reports

1. The reports of the Comptroller and Auditor-General of India relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament. 2. The reports of the Comptroller and Auditor-General of India relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament.

Article 148 Comptroller and Auditor general of India

1. There shall be a Comproller and Auditor General of India appoined by the president of India who shall be removed on the same grounds as the Judge of Supreme court. 2. The comptroller and auditor general shall not be eligible for further office eiher under the government of India or under the government of any state after he has ceased to hold his office. 3.The administrative powers of the Comptroller General of India shall be such as per rules prescribed by the parliament.

Article 153 Governer Of Sates

1. There shall be a governer of each state. A governer can be of more than one state.

Article 116 Votes on account , votes on credit and exceptional grants

1. To make any grant in advance of in respect to estimated expenditurefor any financial year pending the completion of the procedure 2. To make a grant for meeting an unexpected demand upon the resource of India when on account of the magnitude or the indefinite character of the service the demand cannot be stated with details ordinarily given in financial statement.

Article 145 Rules of court

1. rules for person practicing in the court 2. Rules for proceeding in the court 3. Rules for entertainment of appeals 4. Rules for proceedings in court for enforcement of any right 5. Rules for granting bail 6. The minimum number of judges who are to sit for the purpose of deciding any case of substantial question of law or interpretation of constitution is five.

Article 80 Composition of council of states

12 member to be nominated by president who have special knowledge in Literature, science, art and social work, 238 people are to elected by the elected members of legislative assembly with system of single transferable vote

Article 114 Appropriation Bills

As soon as the grants are made there shall be a bill introduced to provide for the appropriation out of CFI. No Amendment shall be proposed to any bill in either house which will have the effect of varying the amount of expenditure charged from CFI. 2. Subject to provision in artile 115 and 116, no money can be taken out from CFI except under the appropriation made by law passed in accordance with the provision of this article.

Rajya sabha strength

250 members with 238 are to be representatives of the state and 12 are to be nominated

Article 81 Composition of the house of people

530 members chosen by direct election from territorial constitution in states, Each state shall be divided into territorial constituencies in such a manner that the ratio between the population of each constituency and number of seats alloted to the state is practicable, and same throughout the state, not more than 20 members to represent the Union Territories

Article 92 The Deputy Chairman not to Preside while a resolution for his removal from office is under consideration

At any sitting of the council of states while any removal of the chairman or deputy chairman is under consideration then they cannot preside over the meeting.

Article 144 Civil and Judicial authorities to act in aid of Supreme court

All authorities to act in aid of Supreme court

Article 100 Voting in Houses, power of houses to act notwithstanding vacancies and quorum.

All questions shall be determined by a majority of votes of the members present other than speaker and chairman.If at any time quorum is absent then the speaker can suspend the meeting until there is quorum.The quorum shall be one tenth of the total number of houses. Parliament can act notwithstanding any vacancies in membership, and parliament shall be valid notwithstanding that it is discovered subsequently some person not entitled sat or voted in the proceedings.

Article 134 Appellate jurisdiction of Supreme Court in regard to criminal Matter

An appeal shall lie in Supreme court from any judgement, final order or sentence if high court: 1. has on appeal reversed an order of acquittal of an accused person and sentenced him to death. 2.has withdrawn from itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death 3. Has certified any case o be fit to be tried in Supreme court

Article 133 Appellate jurisdiction of supreme court in appeals from high court in cases related to civil matters

An appeal shall lie in supreme court from any judgement, decree or final order in a civil proceeding of a high court in the territory of India. if 1. The case involves a substantial question of law of general importance. 2. In opinion of high court the said question needs to be decided by supreme court 3. No appeal shall, unless the parliament by ;law provides, lie to the supreme court from the judgement, decree or final order from one of the judges from the high court.

Article 132 Appellate jurisdiciton of the supreme court of India in appeals form high court incertain other cases

An appeal shall lie to the court from any judgement, decree or final order of a high court in the territory of India, whether in a civil, criminal or other proceeding in case it involves a substantia question of law as to the interpretation of the constitution. Where a certificate is given where any party in the case may appeal to the supreme court on the ground that any such question as aforesaid has been wrongly decided.

Article 87 Special Address by President

At the commencement of first session of each year, president addresses both the houses of parliament assembled together.

Article 83 Duration of Houses of Parliament

Council of states is not dissolved, one third of members shall retire as soon as expiration. Lok sabha continue till 5 years. While a proclamation of Emergency

Article 99 Secretariat of Parliament

Each house shall have a separate secretarial staff. Parliament may regulate the recruitment. The president may after consulting the speaker or the Chairman make rules regulating the recruitment and conditions of the persons appointed.

Article 88 Right of ministers and attorney general

Every minister and attorney general of India shall have the right to speak in and take part in proceedings of any meeting or committee of parliament of which he may be named of as a member but shall not vote.

westminister system

Government decide and Public servants duty to carry out - must carry out no moral judgement of public interest., A democratic system with a head of state (the queen) and two houses of parliament. The house of Commons and the House of lords. The house of lords can only delay legislation for a year. The party with the majority of seats in the lower house forms the government.

Article 84 Qualification for membership of parliament

He should be Citizen of India, not less than 30 years of age for Rajya Sabha and not less than 25 years of age for Lok Sabha

Article 104 Penalty for sitting and voting before making oath or affirmation under article 99

If a person sits and votes as a member of the house of Parliament before has compiled with the requirements of article 99 shall be liable to a penalty of Rs 500 per day to be recovered as a debt due to the Union.

Article 143 Power of president to consult Supreme Court

If at any time it appears to the president that a question of public importance has arisen which is of public importance, that it is expedient to obtain the opinion of Supreme Court, he may refer the question to that court.

Indian Parliament Model

It has 448 articles in 25 parts, 12 schedules, 5 appendices and 98 amendments Constitution Amendment Bills).

Aricle 141 Law declared by Supreme court to be binding on all courts

Law declared by Supreme court to be binding on all courts

Article 121 Restriction on discussion in Parliament

No Discussion shall take place in Parliament with respect to any judge of the supreme court or high court int he disharge of his duties except upon motion for presenting an address to the president praying for removal of the judge

Article 101 Vacation of seats

No member shall be a member of botht he houses of parliament. If chosen for both MP and MLA then at expiration of the period the persons seat at the parliament shall become vacant. The member could also be disqualified or expelled and also the case where he submits his resignation to the chairman. The member is also disqualified if he remains absent for more than 60 days period without iforming the house.

Article 120 Language to be used in Parliament

Notwithstanding anything in Part 7 but subject to provisions of article 348, business shall be transacted in English or Hindi, Provided the chairman or the speaker may permit the member to address in mother tongue. Parliament by law provides, this article shall after the expiration of 15 years have effect as if the words "or in English" omitted from them.

Article 131 Original jurisdiction of Supreme court

Original jurisdiction in case of disute between: 1. Government of India and one or more states 2. Between two states

Article 139 Conferment of the Supreme Court of powers to issue certain writs

Parliament may by law confer on supreme court to issue directions, orders or writs in nature of Habeas corpus, mandamus, prohibition, quo warranto and certiorari

Article 140 Ancilliary powers of Supreme Court

Parliament may by law make provision for conferring upon the Supreme court such supplemental powers not inconsistent with any of the provisions of this constitution as may appear to be necessary or desirable for the purpose of enabling the court more effectively to exercise jurisdiction conferred upon it.

Regulation by law of procedure in Parliament in relation to financial business

Parliament may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business, in each house in relation to any financial matter or for appropriation of money out of the Consolidated fund of India.

Article 112 Annual financial statement

President lays in front of Houses of parliament the estimated reciepts and expenditure of the government of India. The sums required to meet hte expenditure charged upon the consolidated funds of India. The expenditure charged from the consolidated fund of india are: 1. Emoluments and allowances of President 2. Salaries of chairman and deputy chairman 3. Debt charges of the government of India 4. Salaries alowances and pension with respect to a judge of the Federal court, high court. 5. Salaries of CAG.

Article 147 Interpretation

References to any substantial question of law as to the interpretation of the constitution shall be construed as including references to any substantial question of law as to the interpretation of government of India act 1935, or of Indian Independence Act 1947 or of any order made thereunder.

Article 129 Supreme court shall be a court of record

Supreme court to be a court of record and shall have all the powers of such court including the power to punish for the contempt of itself.

Article 137 Review of Judgement or orders by Supreme court

Subject to provision made by Parliament or any rules made under article 145, the supreme court shall have power to review any judgement pronounced or order made by it.

Re-Promulgation

Successive repromulgation of Ordinances with the same text by the governer of Bihar, without any attempt to get the bills passed in the state assembly while it was in session, coupled with the habitual practice of proroguing the assembly merely to enable the governer to repromulgate the ordinance in a routine manner is liable to be stuck down.

Article 149 Duties and powers of the comptroller and auditor general of india

The CAG shall perform the duties and exercise such powers in relation to the accounts of the union and of the states

Article 86 Right of president to address and send message to house.

The President may either house of parliament assembled together, He may send message to either house related to a bill

Article 98 Salaries and allowances of the deputy chairman and the speaker and deputy speaker

The Salaries paid to the chairman and the deputy chairman paid are specified in the second schedule

Article 150 Form of accounts of the Union and of the States

The accounts of the Union and of the States shall be kept in such form as the President may, [on the advice of] the Comptroller and Auditor-General of India, prescribe

Article 96 The speaker shall not preside while a resolution for his removal fro office is under consideration.

The speaker shall have the right to take part in the proceedings while any resolution of his removal is under consideration in house. he is also entitled to vote only in the first instance on such matter but not case of equality of votes.

Article 142 Enforcement of decrees and orders of Supreme court and orders as to discovery

The supreme court in the exercise of its jurisdiction may pass such decrees for any matter pending before it

Article 138 Enlargement of jurisdiction of the Supreme court

The supreme court shall have further jurisdiction and powers with respect to any of the matter in The Union List as Parliament may by Law confer. They also have further jurisidction with respect to any matter as the goverment of INdia or government of any state.

Article 130 Seat of Supreme court

The supreme court shall sit in delhi or in any such place as the chief jsutice of india may appoint

Article 122 Courts not to enquire into the proceedings of the parliament

The validity of any proceedings in Parliament shall not be called in question ont he ground of any alleged irregularity of procedure. No Officer or member in whom powers are vested for regulating the procedures or maintaining order in parliament shall be subject to the jurisdiction of any court with respect to the powers in Parliament.

Article 79 constitution of parliament

There shalll be a Parliament and two houses to be known as council of states and house of people.

Article 106 Salaries and allowances of members

They shall be entitled to recieve such salaries and allowances as may from time to time determined by law

Article 82 Readjustment after each census

Upon completion of each census the allocation of seats in the house of the people to the states and the division of each state into territorial constituencies shall be readjusted.

Article 89 Chairman and deputy Chairman of the council of states

Vice President shall be the Ex Officio Chariman of Rajya Sabha. Rajya Sabha shall choose a member of Rajya Sabha to be Deputy Chairman.

Article 91 Power of the deputy chairman or other person to perform duties of the office or to act as Chairman

When Chairman is not there then the deputy chairman may act as the chairman and in his absence any member appointed by the Rajya Sabha may act as chairman.

Article 111 Assent to Bills

When a bill has been passed by the parliament, it shall be presented to the president. He may accept the bill or may return the bill for reconsideration except in case of moeny bill. If such bill is passed again by the houses then president shall not withhold his assent.

Article 123 Power of President to Promulgate Ordinances during recess of Parliament

When both the parliament are not in session and President is satisfied that cicurmstances exist which render it necessary for him to take immediate action. 1. Every ordinance shall be laid before the Parliament and shall cease to operate at the expiration of six week from the reassembly of Parliament 2. It may be withdrawn anytime by the President. 3. Where the houses of parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates.

Article 125 Appointment of acting chief justice

When the chief justice is absent or when the chief justice by reason of absence unable to perform the duties of his office, the duties shall be performed by one such judge of the court as the president may appoint for the purpose.

Article 139 A Transfer of certain cases

Where cases involving the same questions of law are pending before the supreme court and one or more high courts, supreme court may withdraw the case pending before high court and dispose all these cases.